Hurt in a Crash Caused by a Defective Motorcycle Part?

A motorcycle defect accident happens when a failed part helps cause a crash. Colvin Accident Lawyers represents motorcycle riders and their families in California after a crash. The firm is based in Bakersfield. Here is what these claims involve and what to do first.

What a Motorcycle Defect Accident Is

A motorcycle defect accident is a crash where a mechanical or design problem with the bike or one of its parts helped cause the loss of control or the failure to stop. The problem may involve a brake, tire, throttle, frame, fork, wheel, or electrical system.

Many crashes have more than one cause. A driver may turn in front of a rider, and the rider’s brakes may fail to slow the bike in time. Both facts matter, and both can be part of the claim.

This page is written for riders, passengers, and families of riders who were killed. Sorting out whether a part was involved starts with the bike and its records.

Common Part and Brake Failures in Motorcycle Crashes

The failures that matter most are usually the ones that stop the bike or control where it goes.

• Brake line or master cylinder leaks
• Brake pad or rotor defects
• ABS or other brake control faults
• Tire or wheel failures
• Throttle that sticks
• Frame or fork cracks
• Electrical faults that cut lights or engine power

A sudden brake loss at speed or in a turn can throw a rider off line. This can happen even when the rider was riding lawfully.

Recalls matter too. Recall notices are generally issued by vehicle manufacturers under federal oversight, so a recall check is a useful first step after a vehicle crash. A rider’s maintenance history is also examined, so keep your service records.

How Product Liability Claims Work in California

A defect claim can reach more than one party, and each party’s share turns on the facts. Possible parties include the manufacturer, a seller, a component maker, or a repair shop, depending on who played a role. A defect claim can also run alongside a claim against another driver.

Who was at fault is often a central question in a motorcycle accident claim.

With more than one defendant, non-economic damages are split by fault. Under Civil Code section 1431.2, each defendant pays non-economic damages only for its own percentage of fault.

Time limits matter. Code of Civil Procedure section 335.1 Code of Civil Procedure section 335.1 generally sets a two-year limit for actions for injury to, or the death of, an individual caused by the wrongful act or neglect of another, although exceptions can change that deadline. Don’t wait to ask about timing.

Evidence to Preserve in the First Days After the Crash

The bike and every broken part are often the most important evidence. Keep them as they are.

• Don’t repair, salvage, or throw away the motorcycle or any removed part until the parts are documented.
• Take photos of the bike, the scene, skid marks, and visible damage.
• Save the police report number, witness contact details, and medical records.
• Keep your helmet, riding gear, and clothing.
• Keep receipts for maintenance, recent repairs, and aftermarket parts.
• Write down symptoms and each medical visit as they happen. Gaps in treatment can be questioned later.

Talk with a lawyer before giving a recorded statement to an insurance adjuster or posting about the crash online. Statements can be used to dispute the cause.

What to Expect: The Claim Process Step by Step

Most defect claims move through five steps: a consultation, an investigation, a technical review, a demand, and a lawsuit if needed.

1. Consultation. You describe the crash, the part you think failed, and your injuries.
2. Investigation. Requests go out for the motorcycle and parts, maintenance records, recall history, and the police and medical files.
3. Technical review. A mechanical or engineering reviewer may examine the failed part to find how and why it failed.
4. Demand and negotiation. A demand, which is a written request for payment, goes to the insurer or manufacturer. It is backed by medical and financial records.
5. Lawsuit, if needed. If a fair resolution isn’t reached, a lawsuit can be filed. Timelines vary widely from case to case.

Each step builds on the one before it. Early evidence helps the whole claim.

What a Defect Claim May Include

A defect claim may seek economic and non-economic damages. Economic losses are objectively verifiable money losses, such as medical bills and lost income. Non-economic losses are subjective, such as pain and emotional distress. Civil Code section 1431.2 defines both.

Under Civil Code section 3333, damages for an obligation not arising from contract cover all the detriment the wrong proximately caused. In plain words, that means the harm the crash caused, as far as the law allows.

Possible items include:

• Past and future medical bills, including emergency care, surgery, rehabilitation, and medication
• Lost income and reduced ability to earn in the future
• Damage to the motorcycle and riding gear
• Pain, suffering, and loss of enjoyment of life

For a fatal crash, Code of Civil Procedure section 377.60 lists who may bring a wrongful death claim. That includes a surviving spouse, domestic partner, children, and certain dependent family members, or the decedent’s personal representative on their behalf.

No lawyer can ensure a particular result. The value of one claim can’t be read from another, because each turns on its own injuries, evidence, and insurance.

Why Contact Colvin Accident Lawyers

After a motorcycle crash in California, riders and their families can contact Colvin Accident Lawyers. The firm is based in Bakersfield, California. It represents accident victims and families in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi.

The firm also handles car, truck, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death cases. A crash that involves a commercial truck or a road condition can be reviewed together with a parts question.

Donald Norman Colvin is the responsible lawyer for this website. Our team includes support staff who help with records, scheduling, and client communication.

Frequently Asked Questions